Veteran senators say farewell

HARRISBURG - Two veteran senators representing Northeast Pennsylvania gave farewell speeches Wednesday to their colleagues with no mention of their legal problems.

Senate Minority Leader Robert J. Mellow, D-22, Peckville, and Sen. Raphael Musto, D-14, Pittston, wound up legislative careers that stretch back four decades as the Senate completed business for the 2009-10 legislative session. The terms of both senators officially end Nov. 30. Both announced their retirements earlier this year.

Both men kept their remarks personal in nature.

"It's very difficult for me to make any type of speech today," said Mr. Mellow introducing his granddaughter who sang a song in tribute to him.

"Serving a district of 250,000 people, it's impossible to do it alone," said Mr. Musto praising the assistance of his family and staff.

The legislative achievements of the two senators were highlighted during video presentations that have become part of the customary tribute to departing senators.

While Mr. Mellow was lauded by colleagues for his work establishing the children's health insurance program and Commonwealth Medical College and Mr. Musto for his work on environmental legislation, no mention was made on the Senate floor of a shared connection: the homes of both Mr. Mellow and Mr. Musto were raided last spring by federal agents as part of apparently ongoing investigations.

The FBI has not disclosed the nature of its investigation of Mr. Mellow, other than to say the search in June of both his home and district office in Peckville was part of a criminal investigation into unspecified "illegal activities." Mr. Mellow has not been charged with any wrongdoing.

Mr. Musto's home was searched in April as part of an investigation apparently tied to Pittston Twp. building permits on his home, documents released subsequently by township officials show. Mr. Musto has not been charged with any wrongdoing.

Capitol activists who have dogged Mr. Mellow for the past two years about ethics issues didn't let the day pass unnoticed.

Eric Epstein, coordinator of RockTheCapitol.org, refiled his complaint with the Senate Ethics Committee against Mr. Mellow's membership on the board of Blue Cross of Northeastern Pennsylvania as a conflict of interest with his Senate duties.

Initially filed in 2008, Mr. Epstein's complaint was first dismissed on a technicality last year. The complaint was filed again in February, yet the committee sent Mr. Epstein a letter in October saying it had voted to put off further investigation of his complaint pending the outcome of unspecified "federal inquiries."

"The committee's delaying tactics are reprehensible and represent why so many voters have lost faith in a broken system," said Mr. Epstein.

In another action, the state Ethics Commission has sent a letter saying it "concluded" its investigation of a complaint about Mr. Mellow's rental arrangements for his Peckville district office, said the letter's recipient and complaint filer, Gene Stilp, chairman of Taxpayers and Ratepayers United.

Mr. Stilp's complaint centers on the rental of Mr. Mellow's office from Brad Inc., a company that first his then-wife, Diane, and later the senator himself co-owned. Mr. Stilp argues that Mr. Mellow used the office to benefit himself.

This letter indicates the commission is ready for the next phase of its complaint-handling process which is to analyze the information and determine if ethics violations have occurred, said Mr. Stilp Wednesday.

"He'll (Mr. Mellow) be long gone from the Senate by the time they figure out whether he should be charged or not," added Mr. Stilp.

Asked about the letter, Robin Hittie, ethics commission chief counsel, said the agency can neither confirm or deny the existence of an investigation under confidentiality rules.

Meanwhile, Senate President Pro Tempore Joseph Scarnati, R-25, Jefferson County, signed a bill already approved by both chambers to authorize the sale of the former Scranton State School for the Deaf campus to neighboring Marywood University for $500,000. Mr. Mellow initiated efforts to authorize this sale as one of his last legislative actions. This step allows the measure to go to Gov. Ed Rendell for signing into law. Sens.-elect John Blake, D-Archbald, and John Yudichak, D-Nanticoke, a sitting House member, will take office Dec. 1 to replace Mr. Mellow and Mr. Musto respectively.

Senate Democrats elected Sen. Jay Costa, D-43, Pittsburgh, to replace Mr. Mellow as floor leader next session. Sen. Pat Browne, R-16, Allentown, was elected by Senate Republicans to his first-time leadership position as majority whip in their largely uncontested elections.

Contact the writer: rswift@timeshamrock.com New leaders

Senate Democrats elected Sen. Jay Costa, D-43, Pittsburgh, as floor leader next session. Sen. Pat Browne, R-16, Allentown, was elected by Republicans to his first-time leadership position as majority whip.

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